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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The parties C Co., Ltd. (hereinafter “C”) are a stock company that operates E consortium in the former North Korean Office D (hereinafter “instant golf course”). The Plaintiff is a person who paid KRW 90 million to the instant golf course and joined it as a regular member.
The defendant extended money to C with respect to the business of creating the instant golf course by C, and the following:
1.(c)
2) By entering into a monetary trust contract with the same content as indicated in the foregoing, C is a stock company with the first priority to benefit. (b) The Plaintiff’s claim against C is a stock company with the first priority to benefit. On January 5, 2017, the Plaintiff filed an application against C for a payment order claiming the return of the above membership fee, and the former District Court decided to make a payment order for KRW 109,393,151 on January 9, 2017. The said decision became final and conclusive on February 1, 2017 (former District Court 2017j85, hereinafter “instant payment order”).
(C) C. The Defendant’s loan C. on May 13, 2003, borrowed KRW 42 billion from the Defendant’s funds for the instant golf course development project, and concluded a land trust contract with the Korea Land Trust with respect to the instant golf course site, and completed the registration of ownership transfer in the name of the Korea Land Trust with respect to the instant golf course site from the Korea Land Trust Co., Ltd. on June 27, 2003, the Jeonju District Court No. 5681, Jun. 27, 2003, and June 27, 2003.
C On December 28, 2007, with the funds for the instant golf course development project, the Defendant provided a loan of KRW 50 billion from the Defendant under the condition that it redeems the existing loan of KRW 34 billion in order to raise construction costs, taxes and public charges, financial expenses, etc. The Defendant provided a loan of KRW 50 billion from December 31, 2007 to May 30, 2008.
C The instant golf club site of this case is not more than 'the ground club of this case'.